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The defendant's appeal is dismissed.
Reasons
On November 27, 2017, the Defendant filed an appeal against the lower judgment on November 27, 2017, and failed to submit a statement of reason for appeal within the submission period for a legitimate reason for appeal even after receiving a notice of receipt of records of trial from this court on December 12, 2017. The petition of appeal does not indicate the reason for appeal in
However, the appellate court may not dismiss an appeal by decision if the defendant does not submit a written reason for appeal within the period for submitting the appeal, and shall make a decision thereon (proviso of Article 361-4 (1) of the Criminal Procedure Act). The records show that the defendant was sentenced to eight months imprisonment for a violation of the Game Industry Promotion Act at the Ulsan District Court on October 24, 2013, and completed the execution of the sentence at the Ulsan District Court on November 19, 2014. The defendant committed a crime under the proviso of Article 35 (1) of the Criminal Act and committed a repeated crime at the Ulsan District Court on July 14, 2016, with six months of imprisonment for special injury and for which the execution of the sentence was completed by the defendant on January 11, 2017. However, the defendant committed a crime under the proviso of Article 35 (1) of the Criminal Act or more within the period for which three years have not passed since the execution of each sentence was terminated.
Nevertheless, the court below sentenced the suspension of execution without adding a repeated offender to the defendant. The court below erred by misapprehending the legal principles on the grounds of repeated crime and the grounds for the suspension of execution, which affected the conclusion of the judgment. However, the court below's judgment cannot be sentenced to disadvantageous punishment against the defendant in this case where only the defendant appealed.